appeal to the nine circuit court of a pales for a stay. is he set to be executed 12:01 wednesday. maureen naylor at san quentib with the latest. >> reporter: he is essentially asking a federal appeals court to halt his execution, which is a little less than 48 hours away. the first person in line to be executed in california's newly- renovated death chambers is this man, albert greenwood brown. he was sentenced to die for rape and murdering and this afternoon brown's lawyers filed court papers appealing a judge's ruling yesterday, which allows his execution to move forward. >> i think there is a very good chance that execution may happen on wednesday night. >> reporter: this is a professor of law from santa clara university and says the ninth circuit court of pales will considerate case. >> even if the ninth circuit tries to stop it, the supreme court may intervene and say the execution could go forward. >> reporter: brown declined to meet a deadline to choose between one-drug or three-drug option. >> there are so many unanswered questions. >> reporter: one of those questions surround
